HomeMy WebLinkAboutPD-74-82 10 , 1,5. 1
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 3, 1982
REPORT NO. : PD-74-82
SUBJECT: ORDER TO COMPLY - TOWN OF NEWCASTLE
SIGN BY-LAW - KIRBY GENERAL STORE
PART OF LOT 25, CONC. 7 (CLARKE)
OUR FILE: PLN 8.5(b)
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 .
That Report PD-74-82 be received; and
2.
That the request submitted by Messrs. William
and Robert Reid for an exemption to the Town
Sign By-law be denied; and
* 3.
That the attached By-law amending By-law 76-25
as amended, of The Corporation of the Town of
Newcastle be approved; and
* 4.
That the attached By-law authorizing execution
of an amending agreement between Messrs.
William and Robert Reid and The Corporation of
the Town of Newcastle be approved; and
* 5.
That the attached amending Agreement between
Messrs. William and Robert Reid and The
Corporation of the Town of Newcastle be
approved for execution at such time as revised
building elevations showing the proposed signs
have been received and approved by the Town's
Planning Department.
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Report No: PD-74-82 . . . ./2 �%
6. That Messrs. William and Robert Reid be
advised that in consideration of the
preparation of an amendment to their Site Plan
Agreement to accomodate the proposed signs,
they will be expected to reimburse the
Municipality for reasonable administrative and
legal fees associated with the registration of
the amending agreement.
BACKGROUND:
On April 8th, 1982, Building Department staff approached the
owners of the Kirby General Store in respect of signs which
were in the process of being erected. The owners were
unable to produce a Sign Permit, other than an M.T .C.
Permit, and were advised verbally that they were violating
the Town of Newcastle Sign By-law. At that point, only the
sign frames and mounting brackets had been placed and the
owners were further advised not to proceed with any
additional work until staff had investigated the exact
extent of non-compliance with the By-law.
Over the course of the weekend following April 8th, work on
two of the four signs was completed. On Tuesday April 13th,
1982, the owners were again verbally advised, by telephone,
that not only had they erected signs without a Sign Permit,
but the proposed signs contravened the By-law in respect of
both size and number. On April 14th, 1982, a written order
to comply was issued. Following therefrom, on April 16th,
1982, the Clerk ' s Office received a written request
* (attached) for an exemption from the Sign By-law to permit
the illegal signs to remain. At the date of writing, the
balance of the four signs had been erected, notwithstanding
the Town 's verbal notices and the written order to comply.
Report No: PD-74-82 . . . ./3 sC��
COMMENTS:
Staff have reviewed the request submitted by Messrs. William
and Robert Reid. In that regard, we note that the subject
signs contravene the Town's Sign By-law in respect of size
and number, insofar as the Sign By-law would permit the
Reids a maximum of two signs, having an area of seventy (70)
square feet each. The Reids have erected a total of four
(4) signs with a total area in excess of that permitted. We
note here that the determination of whether or not the Reids
have two or four signs is based upon an interpretation of
the definition of "Sign - Wall ", which means that any sign
which is painted on or permanently affixed to a wall or
canopy of a structure, as well as the definition of "Sign
Area", which includes the following:
"For the purpose of this By-law, any double-faced sign
shall be deemed to have one face only provided both
faces are identifical , contiguous and parallel or
diverging at an angle of not more than 15 degrees."
In this instance, the signs erected on the building have
faces containing different messages, are not parallel and
diverge at an angle of more than 15 degrees. In addition to
the foreging, the signs were erected without a permit, as
required by the By-law.
The existence of the Sign By-law has been well documented in
the past through Notices posted in the Municipal Offices and
published in local papers, in May of 1981 and February of
this year. In fact, it is staffs ' position that the Reids
were advised verbally of the Sign By-law's existence during
the processing of their Site Plan Agreement, as is staffs'
normal procedure. However, notwithstanding this, staff are
satisfied that the Reids were not intentionally contravening
the By-law when they first proceeded to erect the subject
signs. The fact still remains, however, that they did
complete the work on the signs, despite staffs' warnings and
the written order to comply.
Report No: PD-74-82 . . . ./4
In any event, in order to meet the By-law requirements,
there are four options available. Firstly, the two signs
located on the west wall of the building would have to be
removed and a Sign Permit obtained for the remaining two
signs.
Secondly, if these signs were to be relocated to the south
and north walls and placed in a position contiguous to the
remaining signs, it would then be possible to comply with
the present provisions of the Sign By-law, save and except
sign area. However, Section 8, Subsection 2(b)(vi ) of the
Sign By-law does provide for an exemption to the sign area
of a wall sign, provided that such exemption is specified
within an approved Site Plan Agreement entered into pursuant
to By-law 79-151 . As the Committee is well aware, such an
Agreement was entered into to facilitate relocation of the
Kirby General Store to its present site. That Agreement,
however, did not provide for an exemption to the Sign By-law
in respect of wall signs. This course of action would
involve the preparation of an amendment to the existing Site
Plan Agreement and we suggest reimbursement for the Town's
reasonable administrative and legal fees, would permit the
Reids to retain the existing signs and at the same time
ensure that the intent of the Sign By-law is maintained.
Staff do not feel that this is an inappropriate solution to
the situation, inasmuch as the Reids will not lose their
capital investment, and the illegal signs will be brought
into conformity with the Sign By-law.
Thirdly, the Sign By-law may be amended to permit further
exemptions in respect of signs where a site plan agreement
has been or will be entered into. This option would permit
the illegal signs to remain, as erected, but would also
require an amendment to the Reids' Site Plan Agreement as in
the second option. Again, we suggest that the Town be
reimbursed for all reasonable administrative and legal fees
associated with preparation and registration of such an
Agreement.
IV " !�
Report No: PD-74-82 . . . ./5
The final option available would be to amend the Sign By-law
to permit the requested exemption. Staff do not feel that
such an amendment to the Sign By-law should be granted under
the circumstances, inasmuch as this would establish a
precedent for other property owners to follow and would
eventually undermine the intent and purpose of the Sign
By-law, preventing effective enforcement of same.
In view of the foregoing, staff would suggest that option
number 2, being relocation of two of the signs and an
amendment to the Reids ' Site Plan Agreement, is the most
appropriate solution, if the intent of the present Sign
By-law is to be maintained. However, in view of the nature
of the signs, the difficulty which relocating the signs
could represent to the owners, vis a vis structural change
or total redesign of the signs, and the fact that a Site
Plan Agreement has been entered into which can be amended to
permit a more discretionary review of signs as suggested by
option number 3, Planning staff would have no difficulty in
recommending the third option in an attempt to resolve the
situation with minimal expense and inconvenience to both the
property owners and the Town.
On the assumption that the Committee will find staffs'
suggestion acceptable, we have taken the liberty of
preparing a draft amendment to the Reids ' Site Plan
Agreement and the Town's Sign By-law for the Committee' s
review.
We would also suggest that a By-law authorizing execution of
the agreement also be approved to facilitate early execution
of the amending Agreement.
Report No: PD-74-82
. . . .A
We note, for the Committee's information, that the contents
of this Report have been discussed with Mr. Robert Reid, who
has verbally indicated his agreement.
Respectfully submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
TTE*mjc
April 23, 1982
Messrs. Wm. and R. Reid
R.R. North
ORONO, Ontario
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FORMER TOWNSHIP OF CLARKE 0 500 i000m
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CLEit'i; U`IETART.,MENT
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R R North, Orono .
April 14, 1982
Town of Newcastle Clerk 's Office,
40 Temperance St . ,
Dowmanville , Ontario .
Attention: Mr . D. Oakes
DISTR186fi0
CLC IK, Q
ACK. BY: .,.,,
ORIGINAL, TO: .......... {I
COPIES TO:
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Dear Sir: FILE••.`••�•.•
On behalf of Kirby Store Incorporated, we request a minor ••••••••�
exemption from the sign by-law. We regret having to make this
request, but through the process of relocation we do not recall
being made aware of the need for a permit from the Town of
Newcastle , nor of the existing by-law.
We did receive approval from the Ministry of Transportation
and Communication regarding our signs and we had hoped that
through our site plan agreement we would have been made aware
of all that was required of us by the Municipality.
The dilema we now find ourselves in after having paid out
approximately "5.000. 00 for the signs is that they violate the
by-law in size . inhere are no other signs nearby and the signs
in question do face highway 11; directly west of the store .
These signs have electric lighting in them and they do help
to light around the outside of the store for safety and security
reasons .
We would ask for you to give this favourable consideration
so that we may continue as usual and we will be able to
purchase your permit .
RPR/br
Yours truly,
Messrs . William and Robert Reid
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THE CORPORATIQN OF THE TOWN OF NEWCASTLE
E BY-LAW NUMBER 82- 64 1
being a By-law to amend By-law Number 76-25, as amended, of The
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f Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 76-25, as amended, of The Corporation
of the Town of Newcastle;
NOW THEREFORE,' the Council of. the Corpora ion, of the Town of
Newcastle enacts as follows:
1. Section 4 of By-law 76-25, as amended, pf The Corporation of
the Town of Newcastle is hereby further amended by the addition of
the following Subsection (13):
111(13) Site Plan Agreements
i.
Notwithstanding any provision of this By-law to the
contrary, the provisions of this By-law relative to
the sign area, number and' location of identification
signs may be varied through specific inclusion within
a site plan agreement entered into pursyant to
By-law 79-151, as amended, of The Corporation of the
Town of Newcastle.
2. This By-law shall come into effect on the date of the final
passing hereof.
BY-LAW read a first time this 10th day of May 1982
BY-LAW read a second time this 10th day of May 1982
BY-LAW read a third time and finally passed this 10th day of
May 1982
G. B. RIC AR A
D. W. OAKES, CLERK
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d THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NUMBER 82- 65
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being a By-law to authorize the entering into of an Agreement with
William Reid and Robert Reid.
The Council of the Corporation of the Town of Newcastle hereby enacts
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as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between William Reid and Robert Reid
and the said Corporation dated the day of 1982, in the
form attached hereto as Schedule
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 10th day of May 1982
BY-LAW read a second time this 10th day of May 1982
BY-LAW read a third time and finally passed this 10th day of
May 1982
G. B. RICKARO, A OR
D. W. OA ES, C ER
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DEVELOPMENT AGREEMENT made in quintuplicate this day of
1982
BETWEEN :
WILLIAM REID and ROBERT REID,
Hereinafter called the "OWNERS" OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the Owners warrant that they are the registered owners of
those lands described in Schedule "A" hereto and hereinafter referred
to as the "said lands";
AND WHEREAS the Town has passed By-law 81-113 and the Owners and the
Town have executed a Development Agreement which was duly executed
and registered in the Registry Office for the Land Registry Division
of Newcastle (No. 10) as Instrument Number 105363;
AND WHEREAS the Council of the"Town 'of Newcastle has resolved to
approve an amendment to the aforesaid Agreement;
AND WHEREAS the parties thereto agree to amend the said Development
Agreement;
NOW THEREFORE in consideration of the mutual agreements and covenants
and promises contained herein, the parties hereto agree as follows:
1. Paragraph 2 of the Development Agreement between the Town of
Newcastle and William Reid and Robert Reid registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 105363 is hereby amended by adding thereto the
following:
"The Owners further agree that no wall signs other than those
shown on the building elevations forming part of Schedule "C"
shall be erected on the said building."
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2. Schedule "C" of the Development Agreement between the Town of
Newcastle and William Reid and Robert Reid registered in the Registry
Office for the Land Registry Division of Newcastle (No. 10) as
Instrument Number 105363 is hereby amended by adding thereto revised
building elevations forming Schedule "B" to this Agreement.
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
WILLIAM RE.ID
ROBERT RE
THE CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
ER
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 82- of the Town of
Newcastle, enacted and passed the day of 1982.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises,
situate, lying and being Part of Lot 25, Concession 7, former
Township of Clarke, former County of Durham, now within the limits of
the Town of Newcastle, in the Regional Municipality of Durham and
designated as Part 3 according to a Reference Plan deposited at the
Land Registry Office for the Registry Division of Newcastle (No. 10)
as Plan IOR-1289.
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals, by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the Presence of: 1
WILLIAM REID-
ROBERT REID
THE CORPORATION OF THE TOWN OF
NEWCASTLE
MA
CLERK
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